18Council may require public open space

18 Council may require public open space

S. 18(1AA) inserted by No. 3/2013 s. 87(1), amended by No. 35/2015 s. 16(1).

(1AA) Subject to subsection (1AB), this section applies if a requirement for public open space is not specified in the planning scheme.

S. 18(1AB) inserted by No. 35/2015 s. 16(2), substituted by No. 7/2018 s. 17.

(1AB) This section does not apply to a parcel of land to which a planning scheme applies if—

(a) the planning scheme includes an approved infrastructure contributions plan that applies to that parcel of land; and

(b) on the development of the parcel of land—

(i) any land in that parcel of land specified in the approved infrastructure contributions plan to be set aside as public open space must be provided as part of the land component of an infrastructure contribution imposed under the approved infrastructure contributions plan; or

(ii) a land equalisation amount (within the meaning of section 46GF of the Planning and Environment Act 1987) will be imposed under the approved infrastructure contributions plan to pay for any land to be set aside for public open space under the plan; and

(c) the land in the parcel of land is of a type of land specified in a direction of a Minister pursuant to section 46GJ(2)(u) of the Planning and Environment Act 1987 as being land to which this subsection applies.

S. 18(1) amended by Nos 47/1989 s. 14(1)(a), 48/1991 s. 14(1)(a)(b), 57/1993 s. 9(1), 3/2013 s. 87(2).

(1) A Council acting as a responsible authority or a referral authority under the Planning and Environment Act 1987 may require the applicant who proposes to create any additional separately disposable parcel of land by a plan of subdivision to—

S. 18(1)(a) substituted by No. 34/1994 s. 3(1).

(a) set aside on the plan, for public open space, in a location satisfactory to the Council, a percentage of all of the land in the subdivision intended to be used for residential, industrial or commercial purposes, being a percentage set by the Council not exceeding 5 per cent; or

S. 18(1)(b) amended by No. 48/1991 s. 14(1)(c), substituted by No. 34/1994 s. 3(1).

(b) pay or agree to pay to the Council a percentage of the site value of all of the land in the subdivision intended to be used for residential, industrial or commercial purposes, being a percentage set by the Council not exceeding 5 per cent; or

S. 18(1)(c) substituted by No. 47/1989 s. 14(1)(b), amended by No. 34/1994 s. 3(2).

(c) do a combination of (a) and (b) so that the total of the percentages required under (a) and (b) does not exceed 5 per cent of the site value of all the land in the subdivision.